Pres. Yoon accused of insurrection

[Anchor]

A riot that aims to exclude national power or disrupt the constitution.

This is how our criminal law defines "insurrection."

On the night of Dec. 3, following President Yoon Suk Yeol's declaration of martial law, the military entered the National Assembly and attempted to arrest politicians.

Investigative agencies such as the prosecution, police, and the Corruption Investigation Office have deemed this as 'insurrection.'

The crime of insurrection is punished according to roles: leaders, those with important duties, and simple participants.

Former Defense Minister Kim Yong-hyun, who has been arrested, is suspected of being involved in important duties.

This includes the judgment that President Yoon Suk Yeol, who conspired with former Minister Kim, is the 'leader' of the insurrection.

Now, all investigative agencies are targeting President Yoon.

Reporter Lee Ho-jun reports.

[Report]

To punish those involved in the martial law turmoil, it must be proven that they acted with knowledge of its unconstitutionality and illegality.

If it is proven that President Yoon Suk Yeol acted knowing that the martial law was unconstitutional and illegal, he could be punished as the 'leader of the insurrection,' according to legal experts.

Circumstances are emerging that indicate President Yoon was directly involved even after the declaration of the martial law.

[Kwak Jong-geun/Commander of the Special Warfare Command/Yesterday: "The President called me directly on a secure phone. He said, 'It seems that the quorum for the vote has not been met yet, quickly break down the door and pull out the people inside.'"]

In order to apply the 'important duties' charge to not only President Yoon but also the military and police leadership who deployed forces to the National Assembly and the National Election Commission, it must be established that they were aware of the unconstitutional and illegal nature of their actions.

[Kim Kyung-soo/KBS Advisory Lawyer: "'Under the pretext of a 'martial law,' it must be investigated whether these individuals had the intent to participate in the insurrection and engage in important duties."]

There are also opinions that former People Power Party floor leader Choo Kyung-ho, who gathered lawmakers outside the National Assembly during the process of lifting the martial law, could face insurrection charges if it is proven that he intentionally obstructed the lifting of the emergency while knowing its unconstitutionality and illegality.

[Noh Hee-beom/Lawyer/Former Researcher at the Constitutional Court: "If he received instructions to prevent attendance in the plenary session or was aware of such content and gathered lawmakers at the ruling party's office, it would indicate complicity in the insurrection through the declaration of martial law..."]

However, it is pointed out that the crime of insurrection must clearly have the purpose of 'disrupting the constitution,' and since the act of declaring martial law is ostensibly within the President's authority, a detailed investigation is necessary.

Even if the charges of insurrection against President Yoon, the military, and police leadership are recognized, there are opinions that the frontline police and soldiers who blocked lawmakers' access to the National Assembly may avoid punishment, as it would have been difficult for them to know whether the orders were illegal at the time.

This is KBS News, Lee Ho-jun.